Legal Opinion

Holley v. Mandate Realty Corp.

Appellate Division of the Supreme Court of the State of New York

Decided June 5, 1986PublishedCited by 6 opinions

1Opinion of the Court

Order, Supreme Court, Bronx County (Irwin M. Silbowitz, J.), entered March 21, 1985, denying defendant’s motion for summary judgment dismissing the complaint on the ground of res judicata, affirmed, without costs or disbursements.

On this record, we agree that res judicata is not available as a defense to plaintiffs’ second action, alleging essentially the same cause of action for negligence interposed in the first complaint, which was dismissed for failure to prosecute pursuant to CPLR 3216 (a). The dismissal was not on the merits and, since the applicable Statute of Limitations was tolled…

2Cases cited7 opinions

  1. Strange v. Montefiore Hospital & Medical CenterNew York Court of Appeals · 1983
  2. Barrett v. Kasco Constr. Co., Inc.New York Court of Appeals · 1982
  3. Headley v. NotoNew York Court of Appeals · 1968
  4. Gundershein v. Bradley-Mahony Coal Corp.New York Court of Appeals · 1946
  5. Jones v. MapheyNew York Court of Appeals · 1980

2 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Ruiz v. Conoco, Inc.Texas Supreme Court · 1994
  2. Stray v. LutzAppellate Division of the Supreme Court of the State of New York · 2003
  3. Holley v. Mandate Realty Corp.New York Court of Appeals · 1987
  4. Ferran v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1995
  5. Powers v. VelascoAppellate Division of the Supreme Court of the State of New York · 1996

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API